Construction next door? Guard your rights, politely

When your next-door neighbor tells you he's building a two-story addition that abuts your property, brace yourself: Your life may be disrupted and your property damaged.

Imagine circular saws screeching at 7 a.m., delivery trucks blocking your driveway as you're ready to leave for work, your kitchen window facing an overflowing Dumpster and a portable toilet, your favorite pink dogwood's roots severed during excavation -- and you haven't seen your cat for three days.

This can all be avoided if you do some research and use common sense. Read on for the problems most frequently reported by building inspectors, contractors and homeowners -- and, more important, their recommended remedies.

Problem: Your neighbor is vague about what he's building

Solution: Before work starts, find out exactly what type of construction is going on, advises Arthur Chenault, superintendent of the Village of Hempstead Building Department. What your neighbor calls "just a small addition" may be a two-story tower that blocks your morning sunlight. Architects' plans are filed in the building department. "All building plans are public record. Go look at them," says Eileen Wingate, building inspector for the Village of Greenport.

Know the zoning laws. Setbacks, height and building-mass specifications vary from zoning district to zoning district; don't assume your neighbor is in your district. Ask the building inspector which boards (planning, zoning, architectural review, historic preservation) need to approve his plans and attend the meetings with other neighbors. If a variance is needed, neighbors' concerns and objections carry significant weight.

When you know the facts, talk to your neighbor. "Try to find common ground," says Chenault. Remember, construction eventually ends, but you have to live with your neighbor indefinitely.

Problem: Access

Solution: Read the parking ordinance so you know when and where parking is legal. Streets and driveways can't be blocked; however, delivery trucks that can't get on the building site will unload from the street. Alert the contractor beforehand as to the days and times you need immediate access to the street and be accommodating when you can; park nearby and wait patiently.

Workers need your permission to be on your property. In the Village of Greenport, many old houses were built before zoning laws were enacted and have only 3-foot setbacks. However, today's laws require painters' ladders to be set 4 feet from the house, says Wingate. In such instances, neighborly cooperation is needed.

Ed Mangini and Linda Berger live on a 12-foot-wide street in Sea Cliff. For more than a year, they offered the contractor working next door free use of their driveway while they were at work. "It's a matter of the people you're dealing with. They were nice people," says Berger. And when the contactor noticed that their railroad-tie retaining wall was in bad shape, he repaired it, gratis.

If a contractor asks to use your outdoor electric outlet, water faucet or anything else, and you agree, specify the conditions and put it in writing.

Problem: Eyesores

Solution:  "We work with contractors before projects start," says Richard Summa, director of the City of Glen Cove Building Department. "We make 'lay-down areas' for materials." Portable toilets and Dumpsters should be as far away from neighbors' homes as possible and emptied when full.

Problem: Unsafe environment

Solution: Make sure an orange safety fence surrounds the building site and hay bales are positioned to prevent mud, soil and rock slides onto your property or the street. Check for drainage problems resulting from changes in grading and paving formerly pebbled or unpaved surfaces.

Ask the contractor for prior notification of excavation and/or demolition times so pets and children are safe. Close windows and move outdoor furnishings and cars to a safe place. Be sure safety procedures for removal of lead paint and asbestos are followed and ask for a warning so you can close windows and keep children and pets indoors.

Problem: Noise!

Solution: Check the building code for days and hours that construction is permitted and plan accordingly. Schedule barbecues for Sunday, when construction isn't permitted. Also, talk to the contractors before the job starts. "Say, 'I don't like what they're doing here.' That's most helpful," says John Lauria, building inspector for the Village of Amityville. But if problems persist, says Lauria: "I act as a buffer. You don't want to get into it with the contractor."

Problem: Property line disputes

Solution: Compare your survey with your neighbor's. If there's more than a few inches difference on a common border and it will affect you adversely, ask your neighbor to share the cost of a new survey that includes both properties. It's worth the cost because setback lines are measured from property lines; most homeowners value their privacy and views and don't want neighbors' houses to be any closer than need be. Also, trees, shrubs and fences often are on or near property lines. You don't want your majestic, old oak tree to suddenly disappear because your neighbor thought it was on his property and wanted more sunlight.

When Maryjo Schumburg moved into her Wantagh home many years ago, she assumed the backyard fence was on her property and planted arborvitae in front of it. But years later, when her neighbor removed the dilapidated fence before selling his house, he told Schumburg the fence had been installed three feet over the property line in his backyard. The arborvitae -- now 20 feet tall -- was on the true property line. Because Schumburg has an in-ground pool, her new neighbor demanded she install a security fence. They discussed placement and he agreed to have it installed on his side of the property line so she wouldn't have to remove the arborvitae.

Problem: Damaged or lost trees or property that eliminate shade, views or privacy

Solution: Check local tree ordinances. Many villages will not issue a removal permit for mature trees that contribute to the character of the neighborhood or are outside the building footprint. Tell the homeowner what you want and offer to chip in for preservation and replanting costs.

Suggest pruning rather than removing, if possible. Overhanging branches may be removed to accommodate machinery. "Get an arborist's report before work begins to see if missing leaders will unbalance the tree," advises Chenault. Also, have the arborist provide a protection plan for tree roots that extend onto your neighbor's property. Give a copy to your neighbor and the building inspector.

Embankments, retaining walls, cesspools and terraces on or near property lines can be damaged as soil and boulders shift and move during excavation. Have a landscape architect provide a plan for protecting vulnerable areas and structures.

Problem: No end in sight

Solution: Check building permit expiration dates. Unanticipated financial problems may halt construction. Speak to the homeowner about site maintenance during down time. In Glen Cove, the site is sealed and the city makes sure property looks good or the owner will get a notice of violation, Summa says.

Problem: No one to turn to with a problem

Solution: Speak to the homeowner about all problems and concerns before construction begins. Send him a follow-up letter about the issues discussed and send a copy to the building inspector.

Keep the contractor's and building inspector's phone number on speed dial. Speak to the contractor about day-to-day problems (inaccessible driveways, boom boxes, workers picnicking on your lawn) that he can solve immediately.

Good contractors are accessible and responsive. "I always introduce myself to neighbors and give them my phone number. I make myself visible," says Patrick Genova, owner of Home Work Remodeling in Huntington.

Call the building inspector if building codes are breached: working illegal hours, building without a permit or building something that's not in the plans and included in the permit, such as a deck, balcony or widened driveway.

The last, most-expensive and least-desirable resort: Hire an attorney.

How to keep your sanity

1. Keep informed of building plans: Read legal notices, letters from zoning and planning boards.

2. Talk to your neighbor about his building project.

3. Review architectural plans at the local building department. Check for possible encroachment, any tree removal, blocked views or vulnerable areas.

4. Attend board meetings and voice concerns. Follow up with letters to boards and neighbors.

5. Know exactly what the building permit is for.

6. Introduce yourself to the contractor and explain your concerns.

7. Be pleasant and accommodating whenever possible. You may be building next.